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middleVT
Afghanistan
38 Posts |
 Posted - 02/02/2013 : 09:35:12 AM
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If a document has a "venue" at the top, I look at the nature of the document. If the venue is followed by something like "The undersigned solemnly affirms/being duly sworn in accordance with law, depose and say that:" then I consider the part before the colon to be part of the jurat (as well as the part at the end that says something like "Subscribed and sworn to before me, the undersigned, a Notary Public in and for the State and County aforesaid...." The part in between is the affiants statement and signature. So provided all the affiants swore at the same time and place, I would just change the county at the top of the document. If they were swearing at separate places, I'd ask the hiring party what they wanted, and if it seemed acceptable to me, I'd do it. One acceptable solution would be to have two complete copies of the document, with the appropriate state at the top of each. Another would be to strike out the venue at the top and provide separate certificates at the bottom.
If the doc had no oath/affirmation language before the affiants' statement, I would take it to mean that the "venue" at the top wasn't part of the jurat and I wouldn't have to concern myself with what, if anything, it means. I'd just make sure there was a venue as part of my jurat(s) at the end.
middleVT |
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edelske
New York
815 Posts |
Posted - 01/31/2013 : 8:49:16 PM
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How about a dual venue? Honest. Sometimes there is a Venue at the start of the document and one at the end - the start of the notary section. Is it necessary to change both? I only change to Venue at the end (the Venue of the notary section). But, now the document has "conflicting Venues". It's a headache and a half to keep things "right" when "right" is often a moving target. My logic is that I only have "authority" to change the Venue that applies to the notarization. If its at the start of the document (eg: the only Venue) that that is what I change. But I may be (probably?) am wrong about having a document with dual and conflicting Venues. Uggg - don't want to change what does not apply to the notary section. Catch-22? No way to win?
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
Edited by - edelske on 02/01/2013 03:54:01 AM |
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Fuzzy1955
Florida
36 Posts |
Posted - 01/30/2013 : 06:11:45 AM
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There are a couple of scenarios here. Sometimes the DOCUMENT has the venue at the beginning of the document. This is poor form on the part of the person drafting the document. This scenario really begs the question of what to do. At the end of the day, the only Venue that counts is one that is appropriate to the notarization being performed.
In other words, a separate notarization is required which should contain the proper venue, as others have noted.
Fuzzy1955 |
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22459
California
48 Posts |
Posted - 01/30/2013 : 06:05:20 AM
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Ken is absolutely correct. You can not possibly sign them at the same time, in two different counties, so it would be two separate acts as well. Also something to think about; what if, for whatever reason, you were not able to do the second signing, but it's already filled in with both names? You have already notarized that person's signature before it's even signed. If the names are already typed in, the only proper way would be to cross of the name of the person not there, initial it, and do a separate acknowledgement for them when they sign.
Teri W. |
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edelske
New York
815 Posts |
Posted - 01/27/2013 : 06:16:10 AM
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quote:
Originally posted by jbelmont
I have had this happen before. I brought it up in my courses. What if the husband is signing in Los Angeles County and the wife is signing in Santa Barbara County. What goes in the venue?
I was told to put BOTH counties in the venue, and then a note explaning what I did.
State of California
County of Los Angeles AND Santa Barbara.
Or, you could just use two separate loose acknowledgment forms and notarize each person on a different form. But, if you use one form, they have to sign the same day, or you are in trouble! Split signings bring up lots of bizarre little clerical issues that are fun to think about.
The person who told you to do an "AND" in the venue is missing a few cards from their deck. The only proper way is to use 2 ack forms with the proper county on each.
Kenneth A Edelstein
Mobile Notary, Apostille / Legalization Processing & Fingerprinting
http://www.kenneth-a-edelstein.com |
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middleVT
Afghanistan
38 Posts |
Posted - 12/01/2012 : 06:31:25 AM
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Once upon a time, when notaries were generally only able to act in the county where they were appointed, the county mattered because it showed the notary was acting where (s)he was supposed to. Now that almost all notaries can act in any county, why do we even need to specify a county? Is it just a silly anachronism that the states forgot to drop from their laws, or does it serve a real purpose. If it serves a real purpose, but it we don't know what that purpose is, we are in no position to say if "Santa Barbara and Los Angeles County" is acceptable.
I would speculate that since crimes must be prosecuted in the judicial district where they occurred, and since judicial districts generally correspond to county borders, the venue indicates where the crime of forgery or impersonation would be prosecuted.
<i>middleVT</i> |
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jbelmont
California
3106 Posts |
Posted - 12/01/2012 : 05:51:41 AM
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I have had this happen before. I brought it up in my courses. What if the husband is signing in Los Angeles County and the wife is signing in Santa Barbara County. What goes in the venue?
I was told to put BOTH counties in the venue, and then a note explaning what I did.
State of California
County of Los Angeles AND Santa Barbara.
Or, you could just use two separate loose acknowledgment forms and notarize each person on a different form. But, if you use one form, they have to sign the same day, or you are in trouble! Split signings bring up lots of bizarre little clerical issues that are fun to think about.
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What county goes in the venue in a split signing?
